Reginald L. Bryant v. State of Florida

Today, the Court reaffirms the unwarranted presumption of fictitiousness previously announced in Shull v. Dugger, 515 So.2d 748 (Fla.1987). Because the Court’s holding ignores our longstanding precedent regarding the de novo nature of re-sentencing and unjustifiably restricts the statutory discretion of Florida’s circuit court judges, I dissent.

Since the trial court here failed to enter the requisite “written findings” supporting imposition of the sentence to a state correctional facility under section 775.082(10), Florida Statutes, the district court was correct to reverse for a de novo…